DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the claims:
Claims 67-82 and 93-128 were pending.
Claims 101-128 are cancelled as being directed to non-elected species.
Claims 77-82 and 93-100 are withdrawn as being directed to non-elected species.
Election/Restrictions
Applicant’s election without traverse of the invention of Group I, Species C1 (claims 67-76 in the reply filed on 09/13/2026 is acknowledged.
Claims 77-82 and 93-100 are withdrawn as being directed to non-elected species.
Double Patenting
Claim 67 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 3 and 7 of U.S. Patent No. 11,806,238. Although the claims at issue are not identical, they are not patentably distinct from each other because they are directed to analogous system for increasing the accommodation amplitude of an eye. With respect to claim 67 of the application, claim 3 of the Patent discloses analogous system comprising:
(a) a laser for providing a therapeutic laser beam (a laser providing a treatment/therapeutic laser beam);
(b) a therapeutic laser beam delivery pattern, for directing an optics assembly to deliver the laser beam in the laser beam delivery pattern to an area of the natural crystalline lens of the eye (a control system comprising a laser beam delivery pattern, for directing optics to deliver the laser beam in the laser beam delivery pattern to a predetermined area of the lens of the eye;
(c) the therapeutic laser beam delivery pattern comprising a plurality of laser beam shots, the plurality of therapeutic laser beam shots defining a first and a second area of the lens, the first area having an anterior outer portion that essentially follows the anterior curvature of the natural crystalline lens and a posterior outer portion that essentially follows the posterior curvature of the natural crystalline lens); the second area defining an excluded zone (the laser beam delivery pattern comprising a plurality of laser beam shots, the plurality of therapeutic laser beam shots defining a first and a second area of the lens, the first area having an anterior outer portion that essentially follows the anterior curvature of the natural crystalline lens and a posterior outer portion that essentially follows the posterior curvature of the natural crystalline lens; the second area defining an excluded zone);
(d) the excluded zone comprising an axial excluded zone and an equatorial excluded zone (the axial excluded zone, and the equatorial excluded zone including the fetal nucleus of the natural crystalline lens (wherein the excluded zone comprises an axial excluded zone and an equatorial excluded zone);
(e) whereby, the delivery of the therapeutic laser beam in the therapeutic laser beam pattern to the natural crystalline lens of the eye changes the flexibility and shape of the first area of the lens, does not change the flexibility and shape of the second area of the lens, thereby increasing the accommodative amplitude of the eye (whereby, the delivery of the laser beam in the laser beam pattern to the natural crystalline lens of the eye changes the flexibility of and weakens the first area of the lens, thereby increasing the accommodative amplitude of the eye).
Claim 7 of the patent further discloses a system for increasing the accommodative amplitude of an eye, the system comprising: a laser for providing a laser beam;
an optical path for delivery of the laser beam from the laser to a natural crystal lens of an eye; c. optics located along the optical path, the optics providing the capability to control the laser beam in the x and y directions; an optical path for delivery of the laser beam from the laser to a natural crystal lens of an eye; c. optics located along the optical path, the optics providing the capability to control the laser beam in the x and y directions;
a control system comprising a laser beam delivery pattern, for directing the optics to deliver the laser beam in the laser beam delivery pattern to a predetermined area of the lens of the eye;
the laser beam delivery pattern comprising a plurality of laser beam shots, the plurality of laser beam shots defining a first and a second area of the lens, the first area having an outer portion that essentially follows the curvature of the lens, the second area defining an excluded zone; comprising a position determination assembly; g. whereby, the delivery of the laser beam in the laser beam pattern to the natural crystalline lens of the eye changes the flexibility of and weakens the first area of the lens, thereby increasing the accommodative amplitude of the eye.
Regarding claim 68 of the application, claim 8 of the Patent recites the system of claim 7, wherein the position determination.
Regarding claim 69 of the application, claim 8 of the patent recites, The system of claim 7, wherein the position determination assembly comprises: a light source to provide an illumination beam; an x, y, scanner; a z-focus device; an image capture device for providing observed data; a processor associated with the image capture device and capable of performing calculations, whereby the image capture device provides the observed data to the processor; the processor associated with a numerical model; and the processor capable of determining a position for a structure of the lens of the eye based upon the numerical model and the observed data.
Regarding claim 70 of the application, claim 9 of the Patent recites the system of claim 8, wherein the light source is a coherent light source.
Regarding claim 71 of the application, claim 71 of the Patent recites the system of claim 70, wherein the light source is a structured coherent light source.
Regarding claim 72 of the application, claim 11 of the Patent recites the system of claim 8, wherein the light source is a structured coherent light source having a short coherence length.
Regarding claim 73 of the application, claim 12 of the Patent recites the system of claim 8, wherein the light source is a laser diode.
Regarding claim 74 of the application, claim 13 of the Patent recites the system of claim 8, wherein the light source is an infrared laser diode.
Regarding claim 75 of the application, claim 14 of the Patent recites the system of claim 8, wherein the light source is a scanned infrared laser diode, whereby the scanned infrared laser diode defines a structured light source.
Regarding claim 76 of the application, claim 15 of the Patent recites the system of claim 8, wherein the image capture device comprises a Scheimpflug camera.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AHMED M FARAH whose telephone number is (571)272-4765. The examiner can normally be reached Mon - Fri. 9:30AM -10:30 PM.
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/AHMED M FARAH/Primary Examiner, Art Unit 3792
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